Suddenly applying brakes on NH amounts to negligence, rules SC

A driver applying sudden brakes on a highway without any warning can be held negligent if it led to a road accident, the Supreme Court has ruled.

"On a highway, high speed of vehicles is expected and if a driver intends to stop his vehicle, he has a responsibility to give a warning or signal to other vehicles moving behind on the road," a Bench of Justice Suddhanshu Dhulia and Justice Aravind Kumar said on Tuesday.

Writing the judgment for the Bench, Justice Dhulia said a driver's abrupt halt in the middle of a highway, even if triggered by a personal emergency, can’t be justified if it endangered other road users.

The ruling came on a petition filed by S Mohammed Hakim, an engineering student whose left leg had to be amputated after a road accident in Coimbatore on January 7, 2017.

Hakim's motorcycle collided with the rear of a car that suddenly stopped. He fell onto the road and was run over by a bus approaching from behind.

The car driver contended he had to apply brakes suddenly because his pregnant wife experienced a vomiting sensation.

However, the top court said, "The explanation given by the car driver for suddenly stopping his car in the middle of a highway is not a reasonable explanation from any angle."

Holding a car driver as 50 per cent liable in a road accident case, the Bench did not agree to his contention.

Allowing his plea for enhancement of compensation, the bench held the appellant as liable for contributory negligence but only to the extent of 20 per cent, while making the car driver and bus driver as liable for negligence to the extent of 50 percent and 30 per cent, respectively.

It computed his compensation at Rs 1.14 crore but reduced it by 20 per cent due to his contributory negligence, to be paid to him by the insurance companies of both the vehicles, within four weeks.

In the case, the Motor Accident Claims Tribunal exonerated the car driver and determined the negligence of the appellant and the bus driver in the ratio of 20:80. It put the contributory negligence of 20 per cent on the appellant for not maintaining a sufficient distance from the car.

Earlier, the Madras High Court had held the car driver and bus driver liable for negligence to the extent of 40 and 30 per cent respectively and made the appellant liable for 30 per cent contributory negligence.